Jackson+v.+Cartwright

Jackson v. Cartwright School District Court of Appeals of Arizona, Division 1, Department A Argued (Not Provided); Decided January 8, 1980

Background: Una Jackson, appellant, slipped and fell on a ramp by the southeast gate of the Cartwright Elementary School as she was leaving school grounds following her son’s baseball game. The Cartwright County School system allowed Jackson’s son’s Little League organization to use the fields and facility surrounding the field which was located on school property. The appellants filed suit against the appellees, Cartwright School District and Cartwright Little League. The appellees each filed motion for summary judgment, and both motions were granted and judgments were yielded.**[|Sears Promo Code] [|Uhaul Coupons]**

Decision and Rationale: The appeal was primarily concerned with two pertinent questions: Does the fact that the condition of the ramp was open and obvious preclude liability as a matter of tort law? Did the Little League have possession of the ramp to the extent that it owed a duty to the appellants? For the first question, it was decided and established that the appellant was well aware of the condition and potential risk associated with using the ramp but continued to use it anyways; therefore, there was no duty owed her by the appellees. For the second question, the court decided that the Little League was not liable for the fall even though they were exercising their lessee rights when the fall occurred. The School District, however, was held liable because the “landlord is liable to third persons for injuries resulting from negligence in the management of [common areas] retained under his control.”

Impact: Schools are presented with an additional duty of care and protection for their students beyond the restraints of school hours. An event occurring on school or district property through an outside entity or organization, in which the school or district itself does not have any direct affiliation, does not relieve the school of liability if an incident occurs to a student or parent. Schools still maintain their obligation to protect any “invitees” that step foot onto the grounds. Therefore, schools must be extremely cautious when leasing their property or when allowing the usage of their property by an outside group. Schools are public property and are therefore responsible to the general public when an issue of liability arises. It is the responsibility of the school to address any maintenance, safety, or hazardous issues which could negatively affect patrons.

Quiz Question:

True or False?

Schools are not liable if an incident occurs outside of school hours and when the grounds are being used by an unaffiliated organization with no direct linkage to the school.


 * Completed Independently by Stephen Brooks

Submitted by Jose Ramirez Jackson v. Cartwright Court of Appeals of Arizona, Division 1, Department A. Decided January 8, 1980

BACKGROUND: On June 28, 1976, Una Jackson and her husband attended a little league game, being played at the Cartwright Elementary School. As they were leaving the game Mrs. Jackson slipped and fell on the ramp that they commonly used to enter and exit the field. This ramp had been used by the Jacksons, on 12 previous games. According to Mr. and Mrs. Jackson, they had notified the Safety Director of the Little league, regarding the slipperiness of the ramp. The School District was not made aware of such complaint nor had there ever been any accidents reported. As they entered they field they noticed that the ramp had been cleared of any dust, but as they exited they noticed that dust had indeed accumulated.

DECISION AND RATIONALE: The court decided in favor of Cartwright School District and Cartwright Little League. The decision was based was on several factors, but were divided in two separate categories. The Judge, presiding the case, agreed that there was apparent risk, in addition, the appellants not only recognized the risk but also made the dangerousness of the ramp known to the safety director. It was clear that Mr. and Mrs. Jackson knew of the risks, yet decided to continue using the ramp. In a case similar to this one, Glowacki v. A.J. Bayless Market, a judge ruled in favor of the plaintiff because she did not know of the puddle of water when she slipped. She could not be charged with knowledge of the dangerous condition, however in this case the appellants knew it was dangerous and still continue to use the ramp. On the second category, whether the Little league had any responsibility to Mrs. Jackson, the court again said no, citing Kiser v. A.J. Bayless Markets. In this case, the Court sided with Bayless, stating that they had no control of the parking lot in which the plaintiff fell. Although the Little League is using school grounds to play their games, it is the school’s responsibility to ensure safety of anyone using their facilities.

IMPACT ON TEACHING: This case brings to question of liability, extending to after school hours. School administrators understand that the safety and well-being of their students and visitors do not end when the school bell rings. It is very important that schools know who is using their facilities at all times. Safety issues need to be handled immediately to avoid any serious injuries to anyone on school property.

QUESTION: Can individuals knowingly take risks and still hold others liable? Why or Why not?

Sandra Hansen Jackson vs. Cartwright Sch. Dist., 607 P.   Court of Appeals of Arizona, Division 1, Department A    Decided January 8, 1980 Background: On June 28, 1976, Una Jackson and her husband attended their thirteenth little league game at the Cartwright Elementary School. Following Mr. Jackson, Mrs. Jackson slipped and fell on a ramp that people usually used to enter and exit the field. Mr. and Mrs. Jackson, claim they they have notified the Safety Director of the little league. They were concerned with how safe it was due to how slippery it was. They made suit against the Cartwright School District. Decision and Rationale: The court made judgment in favor of the Cartwright School District and the little league. They made their decision based on the fact that the Jackson’s chose to continue using the ramp despite their concerns about the safety of the ramp. The appellants were not only aware of the risk and they also made the safety director aware of it as well. The appellees were found free because it was difficult to assess when the ramp became slippery. Impact: This case brings into light the overall responsibility of the schools to the safety of individuals before, during, and after school hours. School administrators need to make sure they are constantly aware of all safety issues. Schools need to make a pro-active attempt to ensure that the safety of all individuals are a priority. This also means that schools need to be aware of possible future events in regards to allowing others to use their property. Question: Briefly explain where the responsibility of the individual ends in regards to use of school property?